S -v- AC and TC-25-Oct-2006 [2006] JCA 151 (25 October 2006)

S -v- AC and TC-25-Oct-2006 [2006] JCA 151 (25 October 2006)

The Royal Court erred in excluding the evidence of R, a key witness, as none of the reasons advanced—procedural timeliness, welfare of the witness, or expert opinion on credibility—justified such exclusion in the circumstances. The interests of justice and the paramountcy of the children's welfare required that R's evidence be heard, with any necessary adjournment to ensure fairness.

Citation
[2006] JCA 151
Parties
Appellant: S; Respondent: AC; Party Convened: TC
Jurisdiction
Jersey
Judgment Date
25 October 2006
Procedural Posture
Family Law Appeal / Appeal From Order of Royal Court (samedi Division)
Outcome
Appeal allowed; order set aside; matter remitted for retrial.
Legal Topics
Contact Orders, Prohibited Steps Orders, Admissibility of Evidence, Child Sexual Abuse Allegations, Procedural Fairness
Family Law Child Protection Contact Orders Prohibited Steps Orders Admissibility of Evidence Child Sexual Abuse Allegations Procedural Fairness

Case Brief

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Parties

S

Appellant

AC

Respondent

TC

Party Convened

Procedural Posture

Family Law Appeal / Appeal From Order of Royal Court (samedi Division)

Legal Issues

  1. 1 Whether the Royal Court erred in refusing to admit the evidence of R, a key witness, in proceedings concerning contact and prohibited steps orders.
  2. 2 Whether the exclusion of relevant evidence was justified on grounds of procedural timeliness, welfare of the witness, or credibility as assessed by expert evidence.

Ratio Decidendi

The Royal Court erred in excluding the evidence of R, a key witness, as none of the reasons advanced—procedural timeliness, welfare of the witness, or expert opinion on credibility—justified such exclusion in the circumstances. The interests of justice and the paramountcy of the children's welfare required that R's evidence be heard, with any necessary adjournment to ensure fairness.

Court Disposition

Appeal allowed; order set aside; matter remitted for retrial.

Orders

  • The appeal is allowed.
  • The order of the Royal Court is set aside.